Q: I have been in my apartment for more than 13 months. Before I moved in, the landlord promised to replace the kitchen countertops. They were old, but still usable. Despite my requests, about once every other month, the landlord has never fulfilled his promise. In fact, the landlord removed the new countertop materials from my patio three or four months ago.

My rent was raised last month, despite my protest that the kitchen countertops have never been replaced. Not wanting to receive a notice to vacate from the landlord, I paid the new rent. What are my rights and how can I withhold rent, if that's possible, and how much?.

Property manager Griswold replies: Unfortunately for you, the landlord only is legally required to address habitability issues. Based on your description of the countertops they are usable but cosmetically deficient. Thus, the landlord doesn't have to do anything and you cannot use the California "repair and deduct" statute.

I suggest that you politely put your request in writing indicating essentially what you told me. Hopefully your landlord will realize that the least they can do is fulfill their promise because they are receiving more rent.

Yes, you do run the risk that you could receive a 30-day notice, but your landlord's failure to live up to a promise is not acceptable either. If they are not going to replace the countertops, then you know that they will not do other needed repairs in the future and you may want to find another place to live.

A more risky strategy would be to give your conditional 30-day notice by sending a letter indicating that you will find it necessary to move if the landlord cannot replace the countertop as promised in the next 10 days.

I am constantly disappointed to see landlords who see the tenant/landlord relationship in such a one-sided manner. Smart landlords will be more successful by keeping their rental units in top condition and treating their tenants with respect.

These landlords then can expect their tenants to treat the rental unit as their own, not disturb their neighbors and pay their rent on time. Luckily, the majority of landlords and tenants understand this, but there are always a few that just don't get it.